Prudential Trust Co.v. Hildebrand

Citations

• 34 Pa. Super. 249
• 1907 Pa. Super. LEXIS 118

Syllabus

<p>Mechanics’ liens — Judgment—Mortgage—Invalid lien — Priority.</p> <p>Where the lien of a mortgage is prior in date to a judgment entered upon a scire facias sur mechanic’s lien, but is subsequent to the date at which the work upon the building was commenced, the mortgagee may upon a distribution of the fund raised by the sale of the building, attack the validity of the mechanic’s claim upon which the judgment in the scire facias was obtained. If the court finds for sufficient reasons that the mechanic’s claim was invalid, the mortgage will be entitled to priority over the judgment in the distribution of the fund.</p> <p>Appeals— Assignments of error — Exceptions to auditor’s report.</p> <p>Assignments of error to rulings on exceptions to an auditor’s report are not in accordance with the rule, where they do not set forth the decree of the court, or the exceptions and the rulings thereon.</p>